Down the drain: Sandy Bay cafe wins $1.4m court case after plumbers’ dishwasher fail

The owners of a Sandy Bay cafe, who launched Supreme Court action against a plumbing firm which left dishwasher pipes uncapped during a major fit-out, have been awarded $1.4 million.

Sisterhood cafe in Sandy Bay. Picture: Nikki Davis-Jones

The proprietors of a Sandy Bay cafe who launched legal action against a plumbing firm which left dishwasher waste pipes uncapped during a major shop fit-out, have been awarded $1.4 million by the Supreme Court of Tasmania.

In a decision handed down on Friday, Chief Justice Chris Shanahan found the company trading as Sisterhood Hobart was owed a duty of care to prevent harm from subcontractors who carried out plumbing work during major renovations at the King St premises in May, 2019.

During hearing dates held in February, the court was told that after a cool room was constructed over the three uncapped pipes, escaping hot water and steam caused damage to both the renovation work and stock belonging to the cafe’s owners.

Supreme Court of Tasmania, Salamanca Place, Hobart, Tasmania. Picture: NCA NewsWire / Richard Jupe

The plaintiff’s case was led by Hobart barrister Tom Cox SC, with Melbourne-based counsel, Daniel Aghion KC, representing the defendants.

In his ruling, Chief Justice Shanahan found the defendants ought to have reasonably foreseen the conduct of their unsupervised apprentice who left the pipes uncapped was likely to result in physical damage to the cafe.

“I find the pleaded duty of care is established,” the Chief Justice said.

“The negligence of the defendants in leaving the three waste pipes uncapped breached the duty of care that they owed to the plaintiff, and caused damage to property owned by the plaintiff which was part of its fit out.

Chief Justice Chris Shanahan.

“That damage resulted in consequential loss, causing business interruption and stock losses.

“There is no contest to the plaintiff’s case on quantum and the court is satisfied that the plaintiff’s claim in respect of damages flowing from the egress of water and steam have been established to the requisite standard.”

Chief Justice Shanahan ordered that the plaintiff’s claim be allowed in a total sum of $1,402,868.06, comprising approximately $750,000 for insured losses, $163,000 for uninsured losses, and a further $240,000 for business interruption costs.

Originally published as Down the drain: Sandy Bay cafe wins $1.4m court case after plumbers’ dishwasher fail